Applicant Name:  ?????

Application Receipt Date: 2008/06/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "It was a miscommunication. I love the Army.  I have recently had another child with my wife.  I would like the best health for my family, and the military is all I know. I grew up with my father knowing the military, what to do how to do.  It is what I do best. I'm workin on my side to expunge this Assault, from Tx records.  My family want this for me, I want this for me.  I have never had a record up to this point, and the only reason why I chose guilty is so that I could get out of jail to confront my wife, an deploy with my unit.  Unfortunately that didn't happen.  But with my persistances and your help we can change this.  I need the narration and the RE code changed."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	NIF   Date: NIF
Discharge Received: 			   Date: 070802   Chapter: 8-35i(3)    AR: NGR 600-200
Reason: Conviction by criminal Court for domestic violence	   RE:     SPD: NA   Unit/Location: 132nd MP Co Guard Rear, West Columbia, SC 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 070303    Current ENL Term: 4 Years  11 Months, 19 Days/with a recommendation for approval of a moral waiver (070123)
Current ENL Service: 	00 Yrs, 05Mos, 00Days ?????
Total Service:  		03 Yrs, 05Mos, 11Days ?????
Previous Discharges: 	USAR-020429-020916/NA
                                       RA-020917-050509/HD
                                           (Break In Service)
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: 19D10 Cavalry Scout   GT: 93   EDU: HS Grad   Overseas: Korea (Prior Service)   Combat: NIF
Decorations/Awards: NDSM, GWOTSM, KDSM, ASR, OSR (All Prior Service)

V.  Post-Discharge Activity
City, State:  Crabtree, PA
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances pertaining to the applicant’s discharge from the Army National Guard State of South Carolina and as a Reserve of the Army are not contained in the available records.  However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which the applicant was unavailable for signature.  It indicates that the applicant was discharged under the provisions of Paragraph 8-35i(3), NGR 600-200, by reason of conviction by criminal court for domestic violence, with a characterization of service of general, under honorable conditions, with a reenlistment eligibility (RE) code of "4."  On 2 August 2007, State of South Carolina Military Department, Office of the Adjutant General, Columbia, SC, Orders 214-816, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date:  2 August 2007, with a general, under honorable conditions discharge.

       b.  Legal Basis for Separation:  
       National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures for the administrative separation of enlisted personnel of the Army National Guard and Army Reserve.  Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army National Guard and as a Reserve of the Army.  The regulation defines misconduct by reason of one or more of the following:  minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, abuse of illegal drugs, and conviction by civil authorities. 

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records during the period of enlistment under review, the issues and document he submitted, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army National Guard State of South Carolina and as a Reserve of the Army.  However, the available records does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which the applicant was unavailable for signature.  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The evidence of record shows the applicant was discharged under the provisions of Chapter 8, Paragraph 8-35i(3), NGR 600-200, by reason  of conviction by criminal court for domestic violence, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, the analyst noted the applicant's issue; however, NGR 600-200, paragraph 8-17 (preparation and distribution of NGB Form 22 (Report of Discharge and Record of Service), governs preparation of the NGB Form 22.  The narrative reason specified for a discharge under parahraph 8-35i(3) is "Conviction by criminal Court for domestic violence."  NGR 600-200, paragraph 8-17 (preparation and distribution of NGB Form 22) dictates that entry of the narrative reason for separation, entered in block 23 and separation code, entered in block 26 of the form, will be entered exactly as the regulation stipulates and no deviation is authorized.  Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  Finally, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.  In view of the foregoing, the analyst determined that the characterization of service, reason for discharge, and the reentry eligibility (RE) code  were both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 1 April 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA


VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080010691
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